The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-10-26
the BREACH Of PROMISE CASE.

S"iNN' 80 ~ A'Nr7ANNN'i 49, aNSNf a .
w. Rawlins, William Robson,
7. G. Thrum, T. F. Lansing, A. L.
Smith, II. j. Hart, A. Mossman, w.
UngeH f. o. White, and G. w.
NicOll.
Mr.. Kinney stated that it was in
order for any of the jury TO say
whether they had any reasons for
not sitting on the case.
II. j. Hart said he might be called
as q witness.
Mr.. Neumann--I object TO his
being excused.
Mr.. Kinney-Have you formed
any opinion, Mr.. Hart2
Mr.. Hart have. | could not
try the case. My opinion is fixed.
The Court excused him and
Thomas Lindsay was called in his
place.
Mr.. Kinney--Have you any reason
for not sitting on the case, Mr..
Lindsay?
Mr.. Lindsay-None.
Mr.. Kinney-The jury is salts
factory to the plaintiff.
Mr.. Hatch asked that the jury be
sworn, which was done by His
Honor.
Mr.. Hatch then proceeded to put
a number of questions to Lindsay,
which elected the following answers !:
| have no personal feeling or hos
tility that would affect this case. l
took part in the late movement for
good government as member of
the League. l am member of an
organization known as the League.
One object of it was to remove in
capable officers. 1t was not directed
particularly to Mr.. Gibson.
Mr.. Kinney here objected to coun-
sci going into an investigation about
the League. He had no particular
feeling about it, and it was no dis
grace to belong to that League.
Mr.. Hatch thought the objection
premature. lie then asked Lindsay
if that organization was formed to
remove Mr.. Gibson!
Mr.. Kinney object.
Mr.. Hatch-Our client is entitled
to be tried by unprejudiced jurors.
When that organization was largely
directed against the defendant we
have right to question the witness
as he stated he belonged to it. We
want to find out whether there was
an hostile action by this organiza-
ton against the defendant.
Mr.. Kinney-Tbis juryman should
not be sadded with the feelings of
every other man in the organization.
He is only responsible for what he
thinks to-day.
His Ilonor-Lindsay has said he
was member of the League. 1t
was not the object of other men but
what effect the object of the organ
ization had upon the juryman's mind
to prejudice the defendant. / allow
the examination to go on.
Mr.. Hatch-We note exceptions
to the ruling. Turning to Lindsay,
he asked-Was this organization
directed against Mr.. Gibson as an
individual?
Mr.. Lindsay-No it was not.
Mr.. Hatch-Is it a secret society !?
Mr.. Kinney object. There is
a law against secret societies. 1t is
a question that may criminate him.
His Honor-There is unquestion-
ably law against secret societies,
that have not obtained a charter
from the Privy Council the objection
is well taken.
Mr.. Kinney-The witness can
answer it or not.
Mr.. Neumann--What does counsel
want now?
Mr.. Kinney object to the ques-
ton. He has a right to be instruct
ed by the Court that he can either
answer or not.
His Honor-The juror is under
oath, and entitled to protection.
Mr.. Neuman-We object to the
ruling. l will ask Mr.. Kinney to
come and help me to frame the OBJ
lection.
Mr.. Kinney-My experience with
the learned counsel is that | would
rather deal with the Court.
His HONOR am writing it my
self, and when furnished will read it.
Mr.. Neumann-Thanks, Your
Honor. | hope it will satisfy my
dissatisfied friend.
His Honor then read the objection.
Lindsay was again questioned by
Mr.. Hatch, and replied as follows:
| was not aware that Mr.. Gibson
was taken to Cookies warehouse by
members of the League. He was
taken there for protection. | was
not present when he was taken there.
l do not know by whose orders he
was taken there. | saw his return
from there under protection of the
Honolulu Rifles. Have no ill-feeling
in any shape or form against Mr..
Gibson. Never had any bias or
prejudice against him, or ever talked
with him. Have formed no opinion
on his personal honesty. He does
not owe me anything. Do not know
that he ever took a dollar that did
not belong to him. Do not know
whether he is Ia rich or poor man
to-day.
Mr.. Kinney understand this is
an examination to satisfy the Court.
The question is whether the man is